Family Court Must Have Wife’s Income Affidavit Before Passing Ex-Parte Maintenance Order Under Section 125 CrPC: Jharkhand High Court

In its ruling dated March 1, 2024, the Jharkhand High Court has remanded a maintenance case back to the Family Court due to the issuance of an ex-parte order without the wife’s submission of an income affidavit.

A single judge bench underscored that despite the ex-parte nature of the order, the requirement of filing the ‘Affidavit of Disclosure of Assets and Liabilities’ by both parties remains mandatory in all maintenance proceedings, as directed by the Supreme Court in the Rajnesh V Neha case.

Background: The wife initiated maintenance proceedings under Section 125 CrPC at the Family Court, Ramgarh, in 2020.

In February 2022, the learned Principal District Judge-cum-Family Judge, Ramgarh, issued an ex-parte order against the petitioner husband, instructing him to pay Rs 5,000 per month to his wife and Rs 1,000 per month to his minor daughter until her marriage or employment. The husband was directed to make this payment by the 10th of each succeeding month.

The husband has contested this Family Court order in the High Court.

Husband’s Contentions: The husband argued that the order was issued without his knowledge, assuming his monthly income to be between Rs 25,000 and Rs 30,000. He informed the High Court that despite being a B.Tech graduate, he was presently unemployed.

Wife’s Arguments: The wife’s counsel contended that the petitioner intentionally abstained from participating in the proceedings at the Family Court. Additionally, the counsel highlighted that the maintenance amount awarded to the wife was nominal.

Jharkhand High Court’s Observations: Upon reviewing the evidence on record, Justice Anubha Rawat Choudhary, sitting as a single bench judge, noted the absence of income affidavits from both parties in the Family Court proceedings. Justice Choudhary remarked:

In the present case, even if the proceeding was ex-parte against the petitioner still the required affidavit was to be filed by the wife so as to find out her assets/liabilities/source of income etc.

This Court is of the considered view that the matter requires fresh consideration by the Court of learned Principal District Judge- cum- Family Judge, Ramgarh after complying with the directions issued by the Hon’ble Supreme Court in the case of “Rajnesh v. Neha” (Supra).

Consequently, the case was remanded to the Family Court, with instructions for both parties to appear on March 18, 2024, accompanied by their respective affidavits, before the esteemed Court of the Principal District Judge-cum-Family Judge in Ramgarh.

The Family Court was instructed to issue a new order within three months, and the husband was directed to continue paying the existing maintenance until the earlier order was amended.

As a result, the criminal revision petition was resolved.